YEMEN CASES AND APPLICATIONS

The Investigation in TURKEY

We have made two applications on the basis of universal jurisdiction, in Turkey, to the Chief Prosecutor in Istanbul regarding the crimes committed in Yemen. These applications were made on behalf of two clients, whom we represent, and the crimes mentioned in the applications, reflect those committed against, many thousands of people in Yemen.

Our two clients, Adel Nasser Salem Mofgah and Abdullah Sulimani Abdullah Daubalah are two victims, who have desperately fled to Turkey, in fear of their lives. Their lives have been devastated by the atrocities they have suffered and they both now live as refugees in Turkey, away from their country, families and loved ones.

Our first application was filed on behalf of Abdullah Dauablah, a journalist who survived the attack against him and others on 29.12.2015 when mercenaries placed a bomb to the headquarters of Al-Islah Party in Aden.

Amongst the accused in this application is the owner and CEO of Spear Organisations Group and its mercenaries who took part in the operation, on behalf of the company, as well as those who have instructed and made agreement with Spears Organisations Group to carry out the assassinations against members of Al-Islah party.

The other application was filed on behalf of Adel Nasser Salem Mofgah. This application touches heavily on torture, killings, sexual assault, interrogations in secret prisons between 2015 and 2018, in Yemen.

Today, marks and bruises from the tortures our client has been subjected to, are still visible on his body.

47 suspects have been named in thıs application includıng persons of political and millitary standing, in the UAE chain of command and UAE backed groups within this chain of command.

In both aplications, it was requested that investigations be commenced on the basis that crimes of Wilfull Killing of a person,

Deprivation of Liberty,

Sexual Assault,

infliction of severe suffering and Torture,

forming organised groups with the intention of committing crimes,

and soliciting to commit crimes,

all of which fall , within the framework of Crimes Against Humanity.

Unless the suspects accused are caught and arrested, they will continue to commit the crimes of wilful killing, wilfully causing serious injury, torture and other crimes mentioned.

Unless these measures are taken, there are reasonable grounds to belive that the suspects will abscond and/or tamper, with or destroy, evidence of their crimes.

For all these reasons, it has been requested that the suspects are caught and kept under arrest until all the investigations are completed.

Universal Jurisdiction in US and UK

Evidence of war crimes and torture in Yemen have been submitted to the UK’s Metropolitan Police Service, US Department of Justice and Turkey’s Ministry of Justice at 8:30AM GMT on Feb 12th. Stoke White filed the complaints on behalf of Mr Abdullah Suliman Abdullah Daubalah and Mr Salah Muslem Salem for crimes committed in Yemen by the UAE. Both were targeted for their affiliation to the Parliamentary political party in Yemen; the Al-Islah Party.

Daubalah was targeted as a journalist in an attack in Aden, Yemen on 29 December 2015. Salem’s brother, Mr Jameel Moslem Salem Batis, was assassinated in Seiyum city, Yemen on 28 July 2019.

Evidence shows that UAE and Yemeni officials, and mercenaries allegedly hired and instructed by the UAE are responsible for torture and war crimes committed against civilians with political positions opposed to the UAE Government. Assassination is the most serious crime committed.

o Mr Daubalah and Mr Salem’s evidence includes information that the UAE allegedly was responsible for an attack in Aden on 29 December 2015, as documented by a BuzzFeed investigative article.

o The killing of Mr Salem’s brother, Mr Jameel Moslem Salem Batis, was ordered to threaten Mr Salem and warn him against returning to Yemen because of political views he shared on social media. Evidence points to similar assassinations of family members of individuals in Yemen who are viewed as politically opposed to the positions of the UAE Government.

The complaint includes evidence of arbitrary detention, abuse and torture of individuals with perceived opposing political beliefs which were carried out in secret UAE run prisons in Yemen, with the assistance within the prisons of mercenaries from various countries such as the United States and Colombia.
The evidence demonstrates the widespread and systematic nature of violations and crimes committed in Yemen against Yemeni civilians either by UAE officials or at their instruction.
This widespread policy of conducting targeted killings or assassinations, as well as, arbitrary detention and torture of civilians with opposing political beliefs is set out in the complaint

War crimes and torture under universal jurisdiction

The suspects reside in the UAE, and the United States, and are not resident in the UK or Turkey. However, they travel to the UK regularly, and will come in the near future. It is requested that the police monitor their entry into the mentioned countries.

The UK authorities have jurisdiction to investigate and prosecute grave breaches as set out in the Geneva Conventions Act 1957 under the principle of universal jurisdiction. This Act extends universal jurisdiction for war crimes committed during a conflict classified as an international armed conflict.

The BuzzFeed investigative article is important for establishing the chain of command among UAE officials who hired and provided instructions to the recruited mercenaries.

o The article makes clear that the team of mercenaries were hired to assist the UAE by Mr Mohammed Dahlan, who acts as the key adviser to Crown Prince Mohammed bin Zayed Al Nahyan.

o Evidences indicates that the mercenaries were hired to act on behalf of the UAE Government and were incorporated into the UAE Armed Forces. Evidence also suggests they were supplied their orders – in the form of a hit list – as well as weaponry, by uniformed military officers of the UAE Armed Forces.

o Once provided orders, the team of mercenaries were flown into Yemen by the UAE Air Force and briefed about their mission and orders by a uniformed officer.

Applications Were Made to the United Nations Mechanisms Regarding War Crimes Committed in Yemen

Stoke White filed evidence of War Crimes and Crimes Against Humanity in three jurisdictions including the UK, USA and Turkey on behalf of its clients. The applications requested authorities to further investigate the Sana’a Funeral Hall attack in 2016, the use of mercenaries by the United Arab Emirates (UAE), enforced disappearances, and torture in secret prisons across Yemen.

The applications submitted holds evidence that the rulers and / or officials of the UAE and Saudi Arabia along with mercenaries are directly involved in war crimes in Yemen. This includes, Yemeni citizens who worked with mercenary companies and / or individuals associated with the mercenaries in question.

The legal process in these jurisdictions continue and they are supported by further evidence provided by Stoke White. Stoke White have also engaged with the UN mechanisms to ensure the War Crimes and Crimes Against Humanity in question is on the agenda.

Application to the Working Group on the Use of Mercenaries

On 25 March, 2020, Stoke White submitted evidence to the UN Working Group on the Use of Mercenaries, and requested an investigation on all mercenaries operating in Yemen, in particular the executives of the US company Spear Operations Group, whereby individuals associated with it who have confessed committing crimes in Yemen. Additionally, the investigation of individuals, companies and states that have financed unlawful hostilities in Yemen have been requested. Evidence provided strongly implicates Sheikh Mohammed bin Zayed al-Nahyan for providing financial support to Spear Operations Group through Mohammed Dahlan to conduct targeted killings of prominent Yemeni figures and leaders. This matter has also been raised in the US Congress particularly because the violations occurred with companies registered in the USA, and hired by the UAE. In this context, the Working Group is expected to take the initiative within the framework of its mandate regarding the USA and the UAE. Hiring of mercenaries to conduct targeted killing as a systematic program is a flagrant violation of International humanitarian law and International human rights law. The confession made by the CEO of Spear Operations Group Abraham Golan and by Bay Gilmore therefore shows the importance of these crimes to the Working Group and, in general, to all relevant UN mechanisms.

Applications to the Human Rights Council (Office of the United Nations High Commissioner for Human Rights) and the Group of Eminent Experts on Yemen

On 30 March, 2020, Stoke White filed separate applications with the UN Human Rights Council and the Group of Eminent Experts on Yemen regarding violations of International Human Rights and War Crimes committed against its clients. Stoke White’s clients were subject to gross and systematic human rights violations, which featured in UN Human Rights Council and the Group of Eminent Expert’s official reports. These applications documented many International law violations in Yemen, with particular attention to the Sana’a Funeral Hall Attack which occurred on 08.10.2016. Saudi Arabia admitted responsibility for the attack which killed some 137 civilians. Stoke White submitted applications on behalf of 3 of its clients who have lost relatives in the attack. The applications also included the unlawful programmes such as targeted killings, enforced disappearances, sexual assault, illegal detention and torture in secret prisons, by the use of American and other foreign mercenaries in Yemen. The applications also state the responsibilities borne by Yemen, Saudi Arabia and UAE in these crimes.

Generally, these applications include:

1. Victims of the Sana’a Funeral Hall attack on 08.10.2016, as a painful and harsh example of the systematic attacks by Saudi Arabia-led coalition against civilian targets;

2. One victim who was subject to a targeted assassination programme conducted by a UAE-hired mercenary, including against a group of politicians, religious leaders and journalists;

and,

3. In order to draw attention to the systematic torture and rape committed in secret prisons established by UAE in Southern Yemen, a victim who has been subjected to many crimes in such prisons.

The file of evidence submitted in all the applications above includes confessions by perpetrators, statements of the victims, and UN Human Rights Council reports. In this regard, the UN Human Rights Council’s perusal of Stoke White’s submission will constitute an important step in seeking justice for the victims in Yemen.

Clients represented by Stoke White are only a fraction of the tens of thousands of victims in Yemen. The world public knows that international humanitarian law and human rights law have been grossly and systematically violated in Yemen and continues to be violated today. Not only Yemen but Saudi Arabia and UAE are also bound by international human rights law. As evidenced by clear evidence in the applications, Saudi Arabia and UAE are responsible for these violations.

Some five years on, Yemen’s civil war continues without a peace plan or commitment to end hostilities by any of the warring parties. According to UN, Yemen constitutes the worst humanitarian crisis in the world and since Yemen government does not have sufficient capacity to conduct an investigation, it is necessary to resort to UN mechanisms to seek justice for all victims.